Flexible working warning from employment law specialist

In a recent headline-making case, the Employment Tribunal upheld the Financial Conduct Authority's decision to deny an employee the option of working entirely from home. The employee, who had been working remotely since the onset of the Covid pandemic, faced a refusal of her flexible working application on grounds that it could compromise the quality of her work. The FCA contended that a senior management position required a physical presence in the office for onboarding, training, supervision, and team building.

Despite the employee challenging this decision in the Tribunal, the outcome favoured the employer's rationale for declining the request. While this case may not establish a binding precedent for future claims, it underscores the importance of robust decision-making processes for businesses navigating flexible working arrangements.

Shola Khan, an employment law specialist at Peterborough based Roythornes Solicitors said, "This case highlights the evolving landscape of remote work and the critical role businesses play in adapting to new norms. It's imperative for employers to engage in meaningful consultations with employees before making decisions on flexible working arrangements. The upcoming changes in the right to request flexible working further emphasize the need for proactive and strategic approaches."

As of April this year, employees will have the right to make a flexible working request from their first day of employment, a significant departure from the previous six-month threshold. Additionally, the amendment allows employees to submit two requests per year, instead of one, providing them with increased flexibility.

Shola advised businesses to be vigilant in justifying refusals by utilising the eight statutory grounds available and ensuring sound reasoning supported by evidence. She said, "While employers may often secure their desired outcomes, it is crucial to follow due process and formalities to avoid potential legal pitfalls."

With a general trend indicating a preference for in-office work, and the impending changes in regulations, tensions around flexible working are likely to rise. Shola anticipates an increase in disputes and urges businesses to proactively address these challenges to foster a conducive work environment.